Involuntary Manslaughter – homicide with no intention to kill or do grievous bodily harm, but committed with criminal negligence or during the commission of a crime not included within the felony-murder rule

1. Homicide in which there is no intention to kill or do grievous bodily harm, but that is committed with criminal negligence or during the commission of a crime not included within the felony-murder rule. — aka involuntary manslaughter; negligent manslaughter;manslaughter in the second degree. Cf. ACCIDENTAL KILLING. [1]

1. The unintentional killing of another occasioned by a person engaged at the time in doing some unlawful act not amounting to a felony and not likely or naturally tending to endanger life, or engaged in the doing of a lawful act in an unlawful manner. 26 Am J1st Homi § 18.

(1) in doing some unlawful act not amounting to a felony or naturally ending to cause death or great bodily harm, or(2) in negligently doing some act lawful in itself, or (3) by the negligent omission to perform a legal duty. Commonwealth v Comber, 374 Pa 570, 97 A2d 343, 37 ALR2d 1058. [2]

1. The unintentional killing of a human being by a person engaged in doing some unlawful act not amounting to a felony, or in doing some lawful act in a manner tending to case death or great bodily injury. [3]

“The only differences between the legal use and the everyday use of ‘voluntary,’ ‘not voluntary,‘ and ‘involuntary’ seem to be

(a) a more frequent use of ‘involuntary’ as a synonym of ‘not voluntary’ and
(b) a technical use of ‘involuntary’ in the crime of ‘involuntary manslaughter,’ where it seems to have the meaning of ‘unintentional.’

Thus, as contrasted with ‘voluntary manslaughter,’ there is no suggestion that death, as contrasted with harm, was intended or foreseen. Though it is often confined to cases of assault and battery where death results, for example either from the withholding of food or from excessive chastisement of a child, some jurists say that it can be due to any unlawful and dangerous action causing death.” [5]

Related Terms:

felony-murder rule– death which occurs by accident or chance during the course of the commission of a felony is first degree murder.

References:

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